Legal Question in Wills and Trusts in Ohio

Probate

My brother and I were listed on my parents wills as beneficiaries. Dad died in 2003 and mother in 2007. Brother was the conservator for my mother and now he is not doing anything about the probate. He remains and has been in charge of all the monies. He and I are living in Colorado and the monies and the real estate are in Ohio. I wish to have a closure on this and want to know if I can take charge of the probate and sell the real estate. All monies and the mony from the sale of the real estate are to be split, along with the cost of an attorney. How to proceed and what can I do to expedite this? Can I take over the the probate proceding? What to do?


Asked on 8/21/07, 4:11 pm

1 Answer from Attorneys
Nancy Fioritto Patete Nancy Fioritto Patete, Esq.

Re: Probate

Since your parents' assets are in Ohio and, as you say, your parents left behind wills, you should contact an Ohio attorney to probate the estate. The most efficient way to handle this is for you and your brother to agree upon an attorney in Ohio who could act as executor on your behalfs. The court frowns on out-of-state executors and out-of-state executors, even if they are family members, would have to get bonded. If you'd like, we can discuss this by phone or have a three-way conference call.

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Answered on 8/22/07, 7:17 am


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